Bharatiya Sakshya Adhiniyam, 2023
BSA Section 105
On whom burden of proof lies
In one line
BSA Section 105 deals with on whom burden of proof lies and replaces Evidence Act 102.
Bare act text — BSA 105
105. On whom burden of proof lies.
The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side Illustrations. (a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore, the burden of proof is on A. (b) A sues B for money due on a bond. The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies. If no evidence were given on either side, A would succeed, as the bond is not disputed and the fraud is not proved. Therefore, the burden of proof is on B.
Frequently asked
What was BSA Section 105 in the Evidence Act?
BSA Section 105 (On whom burden of proof lies) replaces Section 102 of the Indian Evidence Act, 1872. Evidence Act 102 is now BSA 105.
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Nearby BSA sections
- BSA 100 — . Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
- BSA 101 — Evidence as to meaning of illegible characters, etc
- BSA 102 — Who may give evidence of agreement varying terms of document
- BSA 103 — Saving of provisions of Indian Succession Act relating to wills
- BSA 104 — Burden of proof
- BSA 106 — Burden of proof as to particular fact
- BSA 107 — Burden of proving fact to be proved to make evidence admissible
- BSA 108 — Burden of proving that case of accused comes within exceptions
- BSA 109 — Burden of proving fact especially within knowledge
- BSA 110 — Burden of proving death of person known to have been alive within thirty years